Manning v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred while alighting from a car of the defendant at its transfer station at Dorchester Avenue in Boston.
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Tort for personal injuries incurred while alighting from a car of the defendant at its transfer station at Dorchester Avenue in Boston. Writ dated January 22, 1903. At the trial in the Superior Court before Bell, J., the jury returned a verdict for the plaintiff in the sum of $1,187. The defendant before judgment moved that the verdict be set aside on the grounds: 1. That it is against the evidence. 2. That it is against the weight of the evidence. 3. That the damages awarded are excessive. 4. For misconduct of one of the jurors. 5. A juror sitting on the above named case is not of good moral…
1Opinion of the CourtKnowlton, C. J.
The questions in this bill of exceptions arose upon a motion for a new trial, the important grounds of which were that a juror sitting in the case had been convicted of a scandalous crime and was not of good moral character. On these grounds the verdict was set aside. The plaintiff excepted to the refusal of the presiding judge to make four rulings requested, of which the first two were, in substance, that upon the motions filed and the affidavits in support thereof and the evidence the defendant was not entitled to a new trial. The third became immaterial, because the judge found in favor of…
2Cases cited9 opinions
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. Wong ChungMassachusetts Supreme Judicial Court · 1904
- Borley v. AllisonMassachusetts Supreme Judicial Court · 1902
- Behan v. WilliamsMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. Delle ChiaieMassachusetts Supreme Judicial Court · 1949
- Commonwealth v. CogginsMassachusetts Supreme Judicial Court · 1949
6 more not listed; retrieve them via the Exa API.